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Dec 7, 2012
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the doma case doesn't invite the court to answer that question. it simple says if in those states that decide to grant same-sex marriage, which is up to the states, can the federal government still refuse to recognize those marriages? even if the supreme court strikes down the doma law, it won't say anything about whether a state has to allow same-sex marriage. on the prop 8 case it is possible to rule on that case very narrowly or broadly. let me explain. when the court of appeals said that prop 8 was unconstitutional, it said you can't do what california did. you can't give the right, which the california supreme court did, and then take it away, which prop 8 did. california's the only state that did that. if the supreme court barely upholds the court of appeals ruling, that would be good for california only. if the supreme court dives fully into in and gets into the basic constitutional question about whether states can block same-sex marriage, then, yes, they would get to it. they won't -- the mere fact they took up the case, we don't know whe
the doma case doesn't invite the court to answer that question. it simple says if in those states that decide to grant same-sex marriage, which is up to the states, can the federal government still refuse to recognize those marriages? even if the supreme court strikes down the doma law, it won't say anything about whether a state has to allow same-sex marriage. on the prop 8 case it is possible to rule on that case very narrowly or broadly. let me explain. when the court of appeals said that...
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Dec 4, 2012
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that's a big step. >> you can decide as the obama administration has not to defend doma. there's still consequences to doma being on the book and reasons why it has to go away. >> absolutely. >> if you are a same-sex couple and married it in one of the states you're now legally married and one dies you face estate tax situations. >> yeah. >> that a heterosexual couple doesn't. every time you file federal taxes you are treated differently. it says these relationships are lesser. i think we've evolved to a point this country where we accept gay and lesbian people as equal and say their relationships in the federal law are lesser than we're saying they're lesser. >> how it fits with the immigration debate as well. >> certainly. it's presently worth noting that bill clinton should maybe take a page from the joe biden playbook because he after all is the person we have to thank -- >> the joe biden playbook. >> and taking a page from it. >> thank you to ari, joy and frank for joining me today. that is all for us here at "now." see you back tomorrow at noon eastern, 9:00 a.m. pa
that's a big step. >> you can decide as the obama administration has not to defend doma. there's still consequences to doma being on the book and reasons why it has to go away. >> absolutely. >> if you are a same-sex couple and married it in one of the states you're now legally married and one dies you face estate tax situations. >> yeah. >> that a heterosexual couple doesn't. every time you file federal taxes you are treated differently. it says these...
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Dec 10, 2012
12/12
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the doma case has a very straight forward question. is it constitutional for a federal law to say that the government will not recognize marriages even when they're legal in the states, so that if married couples get married in the nine states where it's now legal, the federal government doesn't recognize those marriages. there's a question about whether that's unconstitutional discrimination, but if the supreme court does strike down doma, it doesn't say anything about whether the states must permit same-sex marriage, it only says if they do, the federal government must recognize them. so it's the proposition 8 case from california that potentially raises the bigger question. now, as it comes to the supreme court, it comes in a very narrow way. the court of appeals, which agreed with the trial court, that proposition 8 striking down gay marriage in california was unconstitutional, it ruled in a very narrow way. it said california was wrong to grant the right and then take it away. you can't do that, apeeldz court said. if the supreme
the doma case has a very straight forward question. is it constitutional for a federal law to say that the government will not recognize marriages even when they're legal in the states, so that if married couples get married in the nine states where it's now legal, the federal government doesn't recognize those marriages. there's a question about whether that's unconstitutional discrimination, but if the supreme court does strike down doma, it doesn't say anything about whether the states must...
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Dec 9, 2012
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doma cases are slightly different. i think the doma challenge is much narrower challenge and i expect it to be much more optimistic about a kind of flat-out ruling that this is unconstitutional by the supreme court. the reason i think that, melissa, doma doesn't require any state to change its marriage laws. all it says is the federal government is going to return to what the federal government was always doing before. we were talking about federalism issues earlier in the show. in the history of marriage, the federal government has always deferred to state definitions of marriage. let me give you an example. some states allow first cousins to marry, others don't because of prohibitions, incest concerns and things like that. whatever the state definitions are, the federal government has always followed the state definition. if a state says they're married, the federal government says for the purposes of benefits they're married. in 1996, the defense of marriage act departed from that practice and said the federal gover
doma cases are slightly different. i think the doma challenge is much narrower challenge and i expect it to be much more optimistic about a kind of flat-out ruling that this is unconstitutional by the supreme court. the reason i think that, melissa, doma doesn't require any state to change its marriage laws. all it says is the federal government is going to return to what the federal government was always doing before. we were talking about federalism issues earlier in the show. in the history...
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Dec 8, 2012
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, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the nurse that answered the phone has apparently taken her own life. there's fallout for the deejays. the royal family is weighing in on what happened. we have a live report ahead. aches, fevers. and i relieve nasal congestion. overachiever. [ female announcer ] tylenol® cold multi-symptom nighttime relieves nasal congestion. nyquil® cold and flu doesn't. >>> the fight for a baby girl. the father says the mother never told him she was giving it up for adoption. will the adoptive parents give her up? that's the question. a judge has ruled. we'll tell you what happened when we continue. >>> tonight, "360" following
, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the...
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Dec 8, 2012
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. >> the other case involves doma, defense of marriage act. what's at the heart of that question? >> not the fundamental right of same-sex marriage but whether the federal government can define marriage in a certain way, as between one man and one woman. historically that's been the job of the states to decide what marriage is, to define it. that really is the federal government stepping somewhere where it hasn't before. what they have done with that statute is say people can't have thousands of federal benefits. the case before the supreme court involves a woman who had to pay $363,000 in estate taxes she wouldn't have had to pay just because the person she was married to was the same gender as herself. it's fairness but limbed to that one state. >> patricia, always good to see you. thanks for weighing in. >> thank you. >> the deadline for the fiscal cliff is just over three weeks away. lawmakers are still mired in part in gridlock, each side saying the other is to blame. what do their constituents think? cnbc says 21% would blame the president, 23% blame republicans, 52 blame ea
. >> the other case involves doma, defense of marriage act. what's at the heart of that question? >> not the fundamental right of same-sex marriage but whether the federal government can define marriage in a certain way, as between one man and one woman. historically that's been the job of the states to decide what marriage is, to define it. that really is the federal government stepping somewhere where it hasn't before. what they have done with that statute is say people can't have...
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Dec 8, 2012
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the high court today decided to hear two appeals, one involving doma, the federal defense of marriage act, and the other, a challenge to california's proposition 8 which took away the right for gays and lesbians to legally wed in the state of california. now, the court's expected to hear arguments in march with a ruling by late june, and the decision to take on the issue comes just weeks after voters in three more states approved same sex marriage. no one knows more about the supreme court than our cnn legal analyst, jeffrey toobin. how big a dl is this? put it in perspective. >> this is a major event in american history, not just court history because same sex marriage now is at the center of the american legal world. this was a cause that was seen as a fringe issue as recently as the '90s. >> it wasn't even mentioned as a possibility. >> it was not even mentioned. polling has gone from approximately 20% to 30% support in the '90s, now gallup polls showed 53%, exit polls showed 49%. it now appears to command close to a majority support and now the supreme court may decide that same s
the high court today decided to hear two appeals, one involving doma, the federal defense of marriage act, and the other, a challenge to california's proposition 8 which took away the right for gays and lesbians to legally wed in the state of california. now, the court's expected to hear arguments in march with a ruling by late june, and the decision to take on the issue comes just weeks after voters in three more states approved same sex marriage. no one knows more about the supreme court than...
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Dec 8, 2012
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, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the nurse that answered the phone has apparently taken her own life. there's fallout for the deejays. the royal family is weighing in on what happened. we have a live report ahead. capella university understands businesses are trying to come back from rough economic times. employees are being forced to do more with less. and the need for capable leaders is greater than ever. when you see these problems do you take a step back, or do you want to dive right in? with a degree in business from capella university, you'll have the knowledge to go further in your career than you ever thought possible. let's get started at
, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the...
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Dec 8, 2012
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, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the nurse that answered the phone has apparently taken her own life. there's fallout for the deejays. the royal family is weighing in on what happened. we have a live report ahead. i'm doing my own sleep study. advil pm® or tylenol pm. the advil pm® guy is spending less time lying awake with annoying aches and pains and more time asleep. advil pm®. the difference is a better night's sleep. ♪ you can stay in and like something... ♪ [ car alarm deactivates ] ♪ ...or you can get out there with your family and actually like something. ♪ the lexus december to remember sales event is on, offering some of our be
, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the...
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Dec 8, 2012
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so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government is meddling with the state definitions of marriage. with respect to the prop 8 case, i think again kennedy, because of these two cases i mentioned, is likely to be sympathetic but may be incremental. he may say something along the lines of one state or eight states have to flip. i don't think he'll flip all 41. >> we always appreciate your valuable insight. we hope you'll stick around for the next few months and continue to provide that as we wade through what is undoubtedly going to be a fairly complex case, as well. good saturday to you, sir. thank you for your time. >>
so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government...
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Dec 10, 2012
12/12
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recent public opinion shows americans no longer support doma. one 12 poll revealed americans favored by 51% to 34%. anyway so then basically they're saying what everybody is saying predicting how prop 8 is going to come out however is tougher. blah, blah, blah we clearly established right to same-sex marriage is harder. for starters, it is likely to divide 5-4 as everybody is saying as they do on every important constitutional issue. on most other issues, justice anthony kennedy, probably the most powerful justice is likely to determine the outcome. this is like the guessing game as to what is kennedy going to do. because he had obviously the things everybody talks about two really favorable gay rights rulings then he has other legal views that might conflict with this. do we have his cell phone number? could i give him a call? >> sure. >> stephanie: what you thinking about? what you doing? why are you so distant? you know what i started hoping over the weekend that all of the justices have a gay something. relative friends somebody they really
recent public opinion shows americans no longer support doma. one 12 poll revealed americans favored by 51% to 34%. anyway so then basically they're saying what everybody is saying predicting how prop 8 is going to come out however is tougher. blah, blah, blah we clearly established right to same-sex marriage is harder. for starters, it is likely to divide 5-4 as everybody is saying as they do on every important constitutional issue. on most other issues, justice anthony kennedy, probably the...